First, how do you want to join the company?
1. There are two ways to invest in a company. One is to increase the registered capital through the company; Second, by accepting the shares of existing shareholders;
2. Before deciding to become a shareholder of a company, you should be very clear about the management organization, financial status, profitability, operating status, tax payment and external liabilities of this company; Whether there are necessary qualifications or qualifications, or more importantly, whether the license or right of a certain aspect is still valid;
3. After determining the mode of shareholding, we can determine what kind of contract to sign;
4. Because different companies have different purposes, the content and emphasis of the contract are different. Although there may be a model online, we usually don't adopt it directly and redraft it according to the specific situation. Therefore, it is also recommended not to apply it easily, because it cannot fully protect its own rights and interests.
Two. Matters needing attention in joining the company
If it is necessary to agree to become a shareholder, it shall go to the administrative department for industry and commerce to register the change of shareholders.
1. Application for company change registration signed by the legal representative (with the official seal of the company);
2. The company signs the explanation of the capital contribution of the company's shareholders (promoters) (with the official seal of the company);
3. Certificate of the designated representative or authorized agent signed by the company (stamped with the official seal of the company) and a copy of the ID card of the designated representative or authorized agent (signed by myself);
The specific entrusted matters, the authority of the client and the entrustment period shall be indicated.
3. How can I get a refund if I want to withdraw my shares after becoming a shareholder?
Article 51 of the Partnership Law of People's Republic of China (PRC): If a partner withdraws from the partnership, the other partners shall liquidate with the partner according to the property status of the partnership at the time of withdrawal and return the partner's share of the property. If the quitter is responsible for the losses caused by the partnership, the amount of compensation should be deducted accordingly. If there are unfinished partnership affairs when quitting the partnership, the settlement will be made after the affairs are settled.
Article 52 The way of returning the quitter's share of property in the partnership enterprise shall be stipulated in the partnership agreement or decided by all partners. You can return it in cash or in kind.
Article 53 A quitter shall bear unlimited joint and several liability for the debts of the partnership caused by the reasons before his withdrawal.
Article 35 of the Company Law stipulates that shareholders may transfer all or part of their capital contributions to each other. When a shareholder transfers his capital contribution to a person other than a shareholder, it must be agreed by more than half of all shareholders; Shareholders who do not agree to the transfer shall purchase the transferred capital contribution. If you don't buy the transferred capital contribution, it is deemed that you agree to the transfer. Under the same conditions, other shareholders have the preemptive right to purchase the capital contribution transferred with the consent of shareholders.